Why does the police in Texas uses excesive force?
by
Edgardo Rafael Baez on Apr. 26, 2012
Accident & Injury Personal Injury
Summary: Not every push and shove is police brutality in Texas.
In Texas, the law allows a great deal of discretion to police officers simply because it has to. The concept of "qualify immunity" is a very powerful one. Since, officers deal with great danger on daily basis, the law allows them to use discretion when dealing with situations; however, many officers take this authority to a different level. The use of excessive force.
Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001).
A “defendant’s acts are objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.”
This creates an atmosphere of panic to the public, when officers can enter your house, shoot your child, and make all kinds of wrongful acts, knowing that they are mostly protected. That is why officers may use excessive force.
When you (or some one you love) are faced with acts done by police that are excessive, such as shootings, killings, broken bones, bleeding and others, contact our law firm.
Although the use of force by police is permitted in Texas, the use of "excessive force" or police brutality is not!Give us a call (210) 979-9777.
